An independent school district board may donate certain former school-campus property only after a public hearing, notice, required findings, and proof the recipient will use it for public purposes.
Sec. 11.1541. DONATION OF SURPLUS PROPERTY. (a) The board of trustees of an independent school district may, by resolution, authorize the donation of real property and improvements formerly used as a school campus to a municipality, county, state agency, or nonprofit organization if: (1) before adopting the resolution, the board holds a public hearing concerning the donation and, in addition to any other notice required, gives notice of the hearing by publishing the subject matter, location, date, and time of the hearing in a newspaper having general circulation in the territory of the district; (2) the board determines that: (A) the improvements have historical significance; (B) the transfer will further the preservation of the improvements; and (C) at the time of the transfer, the district does not need the real property or improvements for educational purposes; and (3) the entity to whom the transfer is made has shown, to the satisfaction of the board, that the entity intends to continue to use the real property and improvements for public purposes. (b) The president of the board of trustees shall execute a deed transferring ownership of the real property and improvements to the municipality, county, state agency, or nonprofit organization. The deed must: (1) recite the resolution of the board authorizing the donation; and (2) provide that ownership of the real property and improvements revert to the district if the municipality, county, state agency, or nonprofit organization: (A) discontinues use of the real property and improvements for public purposes; or (B) executes a document that purports to convey the property. (c) In this section, "nonprofit organization" means an organization exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code. Added by Acts 2001, 77th Leg., ch. 161, Sec. 1, eff. Jan. 1, 2002. Amended by Acts 2003, 78th Leg., ch. 1189, Sec. 1, eff. Sept. 1, 2003.